The Court SystemThe Court System

Chapter 2Chapter 2

A Trip to the CourthouseA Trip to the Courthouse

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A Dual Court SystemA Dual Court System

Section 2.1Section 2.1

What You’ll LearnWhat You’ll Learn

How to determine a court’s jurisdiction.How to determine a court’s jurisdiction. How to explain the structure of the federal How to explain the structure of the federal

court system.court system. How to explain the role of the United How to explain the role of the United

States Supreme Court.States Supreme Court. How to explain the structure of the state How to explain the structure of the state

court system.court system. How to describe the difference between a How to describe the difference between a

juvenile who is unruly and one who is juvenile who is unruly and one who is delinquent.delinquent.

Legal TermsLegal Terms

JurisdictionJurisdiction Diversity of Diversity of

citizenshipcitizenship Original jurisdictionOriginal jurisdiction Appellate courtsAppellate courts Intermediate Intermediate

courtscourts Appellate Appellate

jurisdictionjurisdiction

Limited jurisdictionLimited jurisdiction General jurisdictionGeneral jurisdiction Delinquent childDelinquent child Unruly childUnruly child Neglected or Neglected or

abused childabused child

The Federal Court SystemThe Federal Court System

JurisdictionJurisdiction is the power and is the power and authority given to a court to hear a authority given to a court to hear a case and to make a judgment. case and to make a judgment. Federal jurisdiction cases are Federal jurisdiction cases are Action which the United States or one Action which the United States or one

state is a party, except those between a state is a party, except those between a state and its citizensstate and its citizens

Cases that raise a federal question, such Cases that raise a federal question, such interpreting the Constitution.interpreting the Constitution.

The Federal Court SystemThe Federal Court System

Diversity of citizenship Diversity of citizenship cases, which cases, which involve citizens of different states and in involve citizens of different states and in which the amount of money in the which the amount of money in the dispute exceeds $75,000.dispute exceeds $75,000.

Admiralty cases, or those pertaining to Admiralty cases, or those pertaining to seasea

Patent and copyright casesPatent and copyright cases Bankruptcy casesBankruptcy cases

Federal Court SystemFederal Court System

Federal courts are arranged in three Federal courts are arranged in three steps:steps: US District courts – located throughout US District courts – located throughout

the USthe US US court s of appeals, andUS court s of appeals, and The Supreme Court of the United StatesThe Supreme Court of the United States

District CourtsDistrict Courts

District courts have District courts have original original jurisdiction jurisdiction over most federal court over most federal court cases.cases. They try a case the first time it is heardThey try a case the first time it is heard

Most federal cases begin in one of Most federal cases begin in one of the US district courtsthe US district courts Civil andCivil and CriminalCriminal

Court of AppealsCourt of Appeals

US court of appeals, also calledUS court of appeals, also called Appellate courtsAppellate courts Intermediate courtsIntermediate courts

Courts between lower and the higher Courts between lower and the higher courtscourts

They hear appeals and review casesThey hear appeals and review cases They have They have appellate jurisdictionappellate jurisdiction, ,

meaning that any party may appeal meaning that any party may appeal to the federal court of appealsto the federal court of appeals

Court of AppealsCourt of Appeals

The United States is divided into The United States is divided into thirteen judicial circuits.thirteen judicial circuits.

Each circuit has several district Each circuit has several district courts and one court of appealscourts and one court of appeals

A panel of 3 judge is responsible for A panel of 3 judge is responsible for rending decisionsrending decisions

Appellate courts only determine Appellate courts only determine whether the lower court correctly whether the lower court correctly applied the law in the circumstances.applied the law in the circumstances.

Special US CourtsSpecial US Courts

Congress has established several Congress has established several special courtsspecial courts

They have jurisdiction in cases such as:They have jurisdiction in cases such as: Suits brought by citizens against the Suits brought by citizens against the

federal governmentfederal government Disagreements over taxes on imported Disagreements over taxes on imported

goodsgoods Disputes between taxpayers and the Disputes between taxpayers and the

Internal Revenue Service.Internal Revenue Service.

Supreme CourtSupreme Court

The US Supreme Court is the highest The US Supreme Court is the highest court in the land.court in the land.

It has original jurisdiction in all cases It has original jurisdiction in all cases involvinginvolving Ambassadors, consul or other public Ambassadors, consul or other public

ministersministers Cases in which a state is a partyCases in which a state is a party

Appellate jurisdiction is the court’s Appellate jurisdiction is the court’s main functionmain function

Supreme CourtSupreme Court

The court must hear all cases that The court must hear all cases that involve the constitutionality of a involve the constitutionality of a federal law.federal law.

Decides by a vote of at least 4 of the Decides by a vote of at least 4 of the 9 justices, which additional cases it 9 justices, which additional cases it will hear from the US court of will hear from the US court of appeals or the state supreme court.appeals or the state supreme court.

State Court SystemsState Court Systems

Local Trial CourtsLocal Trial Courts General Trial CourtsGeneral Trial Courts Special CourtsSpecial Courts

Domestic Relations CourtsDomestic Relations Courts Juvenile CourtsJuvenile Courts

Intermediate Appellate CourtsIntermediate Appellate Courts Supreme CourtsSupreme Courts

Local Trial Courts

Courts of limited jurisdiction Handle minor matters

Misdemeanors Civil actions involving small amounts of money

Courts also called Justice of the peace Magistrates Traffic Police Municipal

General Trial Courts

Each county has at least one general trial court, or court of general jurisdiction.

These courts are called County courts Superior courts Courts of common pleas Circuit courts

These courts handle criminal and civil cases

Special Courts

Domestic Relations Courts handle family or domestic relations. Divorce Annulment and Dissolution proceeding Distribution of property, child support

and alimony

Special Courts (cont.)

Juvenile Courts have special jurisdiction over Delinquent child

A minor under certain age (16-18) who has committed an adult crime

Unruly child A minor who has done something inappropriate that is

not considered an adult crime Violating curfew Skipping school Using tobacco

Abused or Neglected child One who is homeless. destitute, or without adequate

adult supervision

Intermediate Appellate Courts

Intermediate appellate courts hear appeals from courts of general jurisdictions

Appeals made if parties feel they did not have a fair trial or the judge do not properly interpret the law

State appellate courts hear appeals only on questions of law.

Supreme Courts

The highest court in most states is known as the supreme court

They decide matters of law appealed from lower courts.

They do not retry the case or re-determine facts

They decide whether an error was made in the lower courts.

This court chooses the cases it hears.

Section 2.1 AssessmentSection 2.1 Assessment

Reviewing What you LearnedReviewing What you Learned

Critical Thinking Activity Critical Thinking Activity Journal ActivityJournal Activity

Legal Skills in ActionLegal Skills in Action

Section 2.2Section 2.2

Trial ProcedureTrial Procedure

What You’ll LearnWhat You’ll Learn How to seek alternatives to litigationsHow to seek alternatives to litigations How to differentiate between civil and How to differentiate between civil and

criminal casescriminal cases How to explain the steps in a civil How to explain the steps in a civil

lawsuitlawsuit How to exercise your rights if you are How to exercise your rights if you are

arrestedarrested How to explain the steps in a criminal How to explain the steps in a criminal

prosecutionprosecution How to apply court procedures to How to apply court procedures to

juvenile cases.juvenile cases.

Legal TermsLegal Terms

Alternative dispute Alternative dispute resolutionresolution

ComplaintComplaint AnswerAnswer VerdictVerdict JudgmentJudgment Specific Specific

performanceperformance

InjunctionInjunction ArrestArrest BailBail IndictmentIndictment ArraignmentArraignment Detention hearingDetention hearing

CIVIL TRIAL PROCEDURECIVIL TRIAL PROCEDURE

Alternative Dispute Alternative Dispute Resolution (ADR)Resolution (ADR)

ADR can be classified in two waysADR can be classified in two ways Reactive methodsReactive methods Proactive MethodsProactive Methods

Reactive Methods

Used after a dispute has arisenUsed after a dispute has arisen MediationMediation ArbitrationArbitration Meditation-arbitration (Med-arb)Meditation-arbitration (Med-arb) Early Neutral evaluationEarly Neutral evaluation Summary Jury TrialSummary Jury Trial Private Civil TrialPrivate Civil Trial

Proactive Methods

Discussed before a dispute arises Partnering Settlement Week Negotiated Rule Making Science Court

PleadingsPleadings Formal papers filed with the court by the plaintiff

and defendant. Complaint expresses the plaintiff’s allegations or

claims The answer is the defendant’s response to those

allegations Methods of discovery are use to bring out the

facts Depositions Interrogatories Request for documents and other evidence Physical and mental examinations

Pretrial HearingPretrial Hearing

Pretrial hearing is an informal meeting before a judge

To simplify issues and discuss matter that might help dispose of the case.

Steps in a Jury TrialSteps in a Jury Trial

Selecting the JurySelecting the Jury Opening statementOpening statement Introduction of EvidenceIntroduction of Evidence Closing ArgumentsClosing Arguments Instructions to the JuryInstructions to the Jury Verdict and JudgmentVerdict and Judgment

RemediesRemedies

Category of remedies Payment of damages Equitable remedy

Specific performance – doing what you promise to do.

Injunction – order to stop performing an action

Execution of JudgmentExecution of Judgment

CRIMINAL TRIAL PROCEDURECRIMINAL TRIAL PROCEDURE

Arrest of DefendantArrest of Defendant

Rights of the defendantRights of the defendant Search and SeizureSearch and Seizure

The ArraignmentThe Arraignment

After a defendant is arrested, evidence is presented to the grand jury.

A grand jury conducts preliminary hearing to determine if case should go to trial.

If jury decides a crime has been committed , they issue an indictment.

The accused is brought to court for arraignment.

The accused pleads guilty or not guilty.

The TrialThe Trial

If the defendant request a jury trial Selection of jury Attorney makes opening statement Introduction of evidence

Otherwise, the case is tried before the judge who decides the verdict

The trial ends with the attorney’s closing arguments and instruction to the jury

SentencingSentencing

FinesFines ImprisonmentImprisonment The Death Penalty laws require three The Death Penalty laws require three

phases:phases: The jury determines whether the defendant The jury determines whether the defendant

is guiltyis guilty The judge or jury listens to attorneys’ The judge or jury listens to attorneys’

argument and determines the punishment argument and determines the punishment under state laws that clearly set forth factors under state laws that clearly set forth factors to be considered in a presentencing hearingto be considered in a presentencing hearing

An appeal is taken to the states highest courtAn appeal is taken to the states highest court

Disposition of Juvenile CasesDisposition of Juvenile Cases

As a first step, the judge usually holds a As a first step, the judge usually holds a detention hearing detention hearing to learn if there are to learn if there are good reasons to keep the accused in good reasons to keep the accused in custody.custody.

The judge mayThe judge may Place the offender on probationPlace the offender on probation Place the offender in an agency or foster Place the offender in an agency or foster

homehome Commit the offender to a training or reform Commit the offender to a training or reform

school.school.

Section 2.2 AssessmentSection 2.2 Assessment

Reviewing What You LearnedReviewing What You Learned

Critically Thinking ActivityCritically Thinking Activity

Legal Skills in ActionLegal Skills in Action

Chapter SummaryChapter Summary

Jurisdiction is the power and authority given a court to hear a case and to make judgment

A court with original jurisdiction hears a case tried for the first time in its court.

A court with appellate jurisdiction reviews a case on appeal from the lower courts.

Court with limited jurisdiction handle minor matters

General jurisdiction means that a court has the power to hear most types of cases.

Chapter SummaryChapter Summary

Federal courts are arranged in three levels: US district courts US court of appeals The Supreme Court of the United States

State courts systems consist of Local trial court Courts of general jurisdiction Appellate courts Its own State Supreme Court

Chapter SummaryChapter Summary

A juvenile delinquent is a child who commits an adult crime.

An unruly child is generally a minor who has done something that wouldn’t be a crime committed by an adult

A neglected or abused child is one who is without adequate parental care or one who is homeless.

Chapter SummaryChapter Summary

Review the summary section on Section 2.2 The Trial Procedures page 50.

People placed under arrest may exercise their rights in several ways They may remain silent They may call an attorney If they choose to answer questions, they

may have an attorney present.